By the name of Allah
USSOLE ASSASI (MAIN PRINCIPLES)
GOVERNMENT OF AFGHANISTAN
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PUBLISHED Dalwa 1330 (January 1952)
BY THE NAME OF ALLAH
THE MOST COMPASSIONATE, MOST MERCIFUL
THE MAIN PRINCIPLES OF
AFGHANISTAN GOVERNMENT
GENERAL PRINCIPLES.
Article 1.
Islam is the sacred religion of Afghanistan and the religious rites performed by the state
shall be according to the provisions of the Hanafi doctrine. The King of Afghanistan
should be from Hanafi sect, other religion followers ( Hindus, Jewish……) can live in
Afghanistan and their rights will be protected as a citizen unless they harm and interrupt
society.
Article 2.
The Afghanistan government independently manages all internal and external
governmental affairs and all organizations in all over Afghanistan function according to
the instructions and guidance of the Afghanistan government as one nation.
Article 3.
Kabul is the capital of Afghanistan and all citizens of Afghanistan have equal rights and
there will be no extra privileges for Kabul citizens than the any other provinces in
Afghanistan.
Article 4.
Afghanistan flag is tri-color (Black, Red and Green) having in the middle the insignia of
the Mehrab (an arch in a mosque where the praying congregation stands, facing the
Kaaba in Mecca) and the Member (a many tiered pulpit placed to the right of the Mehrab
in a mosque, from which messages are delivered) in white, flanked by two flags and
ensconced in two sheaves of wheat.
Privileges and Rights of the King
Article 5.
To appreciate the patriotism and devotion and performances of his Majesty and patriot,
Muhammad Nadir Shah has given Afghanistan on independence and survival and
overthrowing the foundation of brutality in Afghanistan, the nation of Afghanistan
considers him a meritorious and deserving King and also because his Excellency is
committed to act according to the Islamic Sharia and Hanafi sect, as well as maintain the
principles of the Afghanistan government and will consider the independence of
Afghanistan of one of his top priorities and will be honest to the Afghanistan nation, the
Afghanistan nation is committed in transferring the Kingdom of Afghanistan to the
family of this patriot King in accordance to the selection of his Excellency and the nation
of Afghanistan.
Description.
The King’s family will be considered successor and the successor should be his
Excellency’s son or brother and must be 18 years or older.
Article 6.
The King of Afghanistan should take the following oath in the National Assembly in the
presence of National Assembly members:
“In the name of Allah, the great, I swear to be conscientious of his omnipresence
in all my actions, that I shall protect the sacred principles of the religion of Islam, shall
guard the Constitution, shall protect the independence and territorial integrity of the
country as well as the laws of the state and the rights of the people; and, invoking divine
assistance, shall reign in accordance with the provisions of the Constitution of
Afghanistan and devote my efforts to the well being and progress of the Afghan nation.”
Article 7.
The name of the King is mentioned in Khutbas (The Khutba is an address delivered as a
religious rite on occasions specified in the Islamic religion). Coins shall be minted in the
name of the King, His majesty the King appoints the Prime Minister, approves the
appointing of Ministers, declares war and armistice, approves the principles drafted by
the National Assembly, remits and pardons sentences according to the holy Sharia.
Article 8.
The royal expenditure shall be fixed in the state budget according to the law of the royal
expenses.
The Basic Right of the People of
Afghanistan
Article 9.
The people of Afghanistan, without any discrimination or preference, have equal rights.
Article 10.
All Afghanistan citizens are obliged to obey all state principles and laws on religious and
political affairs. Liberty is the natural right of the human being. This right has no
limitations except the liberty of others and public interests as defined by the law.
Article 11.
Liberty is the natural right of the human being. No one may be punished except by the
order of a competent court. No one may be detained except on order of a competent
court.
Article 12.
Trade, Industry, Agriculture is the right and privilege of every Afghan in accordance with
the provisions of the law.
Article 13.
The people of Afghanistan have the equal right against the Islamic Sharia and religious
related principles.
Article 14.
The citizens of Afghanistan are admitted to the service of the state on the basis of their
qualifications and in accordance with the provisions of the law.
Article 15.
Property is inviolable. No one’s property can be confiscated except in accordance with
the provision of the law. Expropriation is allowed only for securing the public interest.
Article 16.
A person’s residence is inviolable. No one, including the state, can enter or search a
residence without the permission of the resident or the orders of a competent court and in
accordance with the conditions and procedures specified by the law.
Article 17.
No one’s property can be confiscated except for those persons who live in foreign
country and act against Afghanistan government.
Article 18.
Forced labor, even for the benefit of the state, is not permissible but labor and service
during war is an exceptional factor.
Article 19.
Punishments and other kinds of insults are prohibited. No one may be punished except
by the order of the Sharia and Islamic Constitution of Afghanistan.
Article 20.
Primary education is compulsory for all children in Afghanistan.
Article 21.
Every Afghan can teach Islamic education. Every Afghan citizen is allowed to teach
Islamic studies. Foreigners are not allowed to establish and manage madrassas (Islamic
schools) except those instructors who are in Afghanistan to teach language literature, arts
and industrial techniques.
Article 22.
In order to make sure that all educational institutions conduct their programs in
accordance with the Islamic principles, all educational institutions shall be monitored and
inspected by Afghanistan Islamic government.
Article 23.
Internal medias and publications which function in accordance with the rules and policies
developed for medias and publications and all external publication which do not harm
Afghanistan religion, politics and culture have the permission to operate.
Article 24.
Resolving personal conflicts is a responsibility of Ministry of Justice related courts and if
the conflict is not resolved in court the case shall be sent to the related Ministry and if the
case is not resolved in the Ministry level, then it should go to Prime Minister’s office and
if the case holder is not satisfied, the case should go to the Kings office.
Article 25.
The rate of tax and duty as well as the method of payment shall be determined by law
with consideration for social justice.
Article 26.
No duty or tax of any kind shall be levied without the provisions of the law.
The Shura (National Assembly)
Article 27.
The Shura (National Assembly) in Afghanistan manifests the will of the people and
represents the whole of the nation. The Shura was established by his Majesty Hamayooni
and was approved on 1309th Jerga in Kabul (Capital of Afghanistan).
Article 28.
The people of Afghanistan participate through the Shura in the political life of the
country. Although elected from a particular constituency, each member of the Shura
shall at the time of expressing his opinion take the general interest of the whole of
Afghanistan as the basis for his judgment.
Article 29.
The Shura shall consist of the elected representatives of Kabul and all Afghanistan
provinces. The National Assembly will meet in Kabul.
Article 30.
The number of people who shall participate in the National Assembly is determined in
approved election regulations.
Article 31.
The work period for the elected National Assembly members is 3 years. The period starts
from the date of establishment of the National Assembly and every 3 years an election
will take place to reelect the National Assembly members. The electoral (people of
Afghanistan) are authorized to elect their favorite candidate even if the candidate is one
of the former National Assembly members.
Article 32.
Leave times and the restarting of the Shura will be specified in internal plans and policies
of the National Assembly. If during their time off the state of Afghanistan requires a law
or policy, the state is authorized to develop a temporary policy and implement it in
accordance with the Kings directions.
Article 34.
Emergency National Assembly meetings can take place while National Assembly
members are on leave and if the situation is really urgent and the National Assembly
cannot wait for provincial representatives, the meeting can take place with the presence
of the representatives from the capital and neighboring provinces.
Article 35.
After the opening ceremony of the National Assembly, each member of the National
Assembly shall take an oath in presence of his Majesty the King.
Article 36.
Each member of the National Assembly shall take the following oath and also sign the
sworn statement of oath.
Sworn Statement of Oath
Article 37.
“In the name of Allah, the great, because of the Afghanistan people’s trust, I
swear to be honest and loyal to the people and the government of Afghanistan.”
Article 38.
No legal proceedings can be brought against a member of the Shura for expressing an
opinion or idea while performing his duty inside and outside of the Shura.
Missions
Article 40.
The National Assembly shall conduct its internal functions (electing of the first and
second chiefs, recording officer and other principles) in accordance with the internal rules
and regulations of the National Assembly.
Article 41.
All rules and regulations which are effective in accelerating the betterment of current
conditions and for the betterment of the government shall be approved by the National
Assembly.
Article 42.
Approval of financial affairs and acceptance or rejection of new rules and regulations are
the National Assembly’s authorities.
Article 43.
The state budget shall be evaluated and approved by the National Assembly, after it is
developed and recommended by the Ministry of Finance.
Article 44.
Applying, revising and terminating new rules and regulations, whether they are
recommended by the National Assembly or Ministers, will take place after they are
approved by the National Assembly.
Article 45.
All privileges, organizational structures of companies and any other companies shall be
approved by the National Assembly.
Article 46.
Conclusion of agreements, commitments (trade, industrial, etc) both internal and external
shall be approved by the National Assembly.
Article 47.
Receiving governmental loans, whether they are internal or external and for any reason,
shall take place after approval of the National Assembly.
Article 48.
The extension of rail roads or highways using the state budget or internal or external
companies can take place after approval of the National Assembly.
Article 49.
The National Assembly can request to meet his majesty the King but the delegation
should contain 6 National Assembly members from different sections.
Article 50.
The Ministers are authorized to participate in National Assembly meetings and also are
authorized to, if required, give explanations regarding specific issues. The subject shall
be pre-specified to the Ministers.
Article 51.
All new laws which are required by state will be prepared and signed by the related
Ministry, shall be taken to National Assembly by Ministers or Prime Ministers and after
approval of the National Assembly shall be presented for the King’s signature and shall
be implemented.
Article 52.
The head of the National Assembly is authorized to hold a secret meeting (if necessary)
by his own decision or they shall be recommended by ten (10) members of the National
Assembly or a Minister. The secret meeting shall be held without the presence of the
media and reporters. The content of the meeting shall be uncovered or revealed when the
issue is discussed with three quarters of the National Assembly members and is accepted
by the majority of the three quarters, and if it is not accepted the issue shall not be
uncovered and shall be not mentioned to any members of the National Assembly.
Article 53.
Whenever, a secret session is requested by the head of the Shura, he or she is authorized
to release the information to the public, but if the secret session is requested by a
Minister, then the Minister shall be authorized to release the information to the public(if
reasonable).
Article 54.
Ministers are authorized to reject or ignore other stated comments, but if the comment
was made in accordance with the Council members, than it requires the agreement of
Council members.
Article 55.
Whenever, an idea that is raised by a Minister is not accepted by the Shura, the Minister
shall update the idea and the idea shall be submitted to the Shura when the Minister
accepts or rejects the comments made by the Shura members.
Article 56.
All issues shall be voted on by Council members as accepted or rejected. No one can
stop them or threaten them for accepting or rejecting an issue. Rejecting or accepting
ideas shall be done by using black and white papers.
Presentation of an issue by Shura
(National Assembly) Members
Article 57.
Whenever, an issue is raised by Shura members, the issue shall be negotiated when it is
approved by at least a quarter of the Shura members. The written issue shall be presented
to the head of the Shura and the issue shall be discussed and investigated.
Article 58.
The number of Shura members who are selected by Shura members and approved by the
head of Shura shall be called the Investigation Committee.
Article 59.
Whenever an idea is raised by a Shura member(Article 55) and it relates to a Minister, the
Minister shall be informed and shall be asked for his/her or his/her deputy presence.
Article 60.
If the Minister is not convinced with the ideas raised by Shura members, he/she shall
present the facts and reasons to convince the Shura members.
Article 61.
Whenever, a Minister is asked for more clarification of an issue, the Minister must
prepare and give the clarification to the Shura members unless there is a factual reason
not to.
Article 62.
All citizens shall resolve their problems through the related Ministries and departments
and whenever the problem is not resolved, the issue or problem shall be sent to the Shura
through the provincial Council members and if necessary, it shall be sent to the Prime
Minister’s office.
Article 63.
In case of death of the King, if the Shura is not in session and cannot meet, the holding of
a Shura session shall not be delayed more then 20 days after the King’s death.
Article 64.
If the Shura member period expires before the death of the King and by death of the King
new National Assembly members are not assigned, the Shura shall be held by current
members of the Shura.
Article 65.
All rules, regulations and laws approved by National Assembly should not be in conflict
with Islamic religion and state internal policies.
Article 66.
All regulations, laws and decisions approved by National Assembly shall be implemented
after they are signed by his majesty the King.
Elders Council
Article 67.
The Elder’s Council consists of experienced and qualified individuals who shall be
elected and appointed by his majesty the King. The meeting place for the Elder’s
Council shall be in Kabul.
Article 68.
Approval of related regulations is a responsibility of both the National and Elder’s
Council, all the recommendations raised by Ministers shall be discussed in this Council
and shall be sent to National Council session for approval and vise versa and all
regulations for the National Council shall be reviewed and shall be approved by the
Elder’s Council.
Article 69.
The opening of the National Council shall not be delayed if the Elder’s Council is not
held yet, but it shall be approved by his majesty the King.
Article 70.
The issues which are approved by Elder’s Council shall be sent to National Council
session, and if they are not acceptable for the National Council, a different combined
session of National Council members and Elders Council members will be developed.
The members of the combined session of 20 people will be selected equally from both
sides (the National Council and Elder’s Council) and if the issue is not resolved, it shall
be presented to his majesty the King.
Provincial Council Sessions
Article 71.
In all the major provinces one Provincial Council shall be established.
Article 72.
A special regulation shall be developed for the election, number of members and mission
of the provincial Councils.
Ministers Rights and Missions
Article 73.
All executive affairs shall be conducted by state Ministers who shall be selected by the
Prime Minister and shall be approved by his majesty the King.
Article 74.
The Prime Minister is the head of Ministers’ delegation and in his absence the authority
shall be delegated to one of the Ministers to act as a head of the delegation.
Article 75.
No one can occupy a Ministerial position, unless he/she is a Muslim and an Afghan
citizen.
Article 76.
All Ministers are collectively responsible to the National Council for the general policy
of the state and individually for there prescribed duties.
Article 77.
All the responsibilities and policies for Ministers shall be specified in a specific
regulation.
Article 78.
All Ministers can execute their duties in accordance with their delegated authorities, and
all the performances which are beyond their authority shall be presented to the Prime
Minister and his majesty the King.
Article 79.
Whenever there is a suspicion about Minister’s official activities, he/she will be sent to
the Supreme Court for trial. On personal issues, the Minister shall be sent to the Court of
Justice.
Article 80.
If a Minister is accused, he/she shall be suspended until the final clarification by the
court.
Article 81.
In the absence of the Minister, the deputy Minister or any appointed individual as the
acting Minister shall have the full authority of the Minster.
Article 82.
To inspect and evaluate the general situation of all Ministries, an inspection delegation
shall be selected and assigned by the National Assembly and a special position
description shall be developed for that delegation.
Article 83.
The number of Ministries, their organizational structure, and position descriptions shall
be mentioned in the regulation of the fundamental organizational structure.
Government Employee Rights
Article 84.
All government employees shall be assigned base on their proficiency and eligibility and
in accordance with the special rules and principles. None of the employees shall be fired
or replaced without a reason and the good discipline and qualified employees shall get
promotions and rewards for their efforts in accordance with the special regulation for
promotions and rewards.
Article 85.
All government employees are obligated to obey the orders which are given to them by
their superiors in accordance with the issue related regulations and no one can take an
action which is in conflict with that specific regulation. Whenever a subordinate
employee is forced to act against the specific regulation, the subordinate employees shall
report the situation to their related Ministry or to the Prime Minister’s office.
Article 86.
All position descriptions shall be published in separate regulations for each Ministry so
employees can be held responsible for their assigned position and mission.
Courts
Article 87.
All justice courts shall be used as the public forum.
Article 88.
In all justice and Sharia courts all the decisions shall be made in accordance with the
rules and regulations of the Hanafi sect.
Article 89.
All courts shall be free from any kind of influence.
Article 90.
All forums shall take place in a public forum except for those cases which are ordered to
take place in secret.
Article 91.
Anyone who has a forum in the court can recommend any kind of legal possibilities to
defend his/her case.
Article 92.
Justice courts can not delay or postpone any cases except when there is a legal reason for
that specific case to be postponed.
Article 93.
No one can carry out an exceptional court outside of the justice court. This rule applies
on any kind of forum.
Article 94.
Classifications and the levels of authorities of each court shall be published as a special
courts regulation.
Supreme Court
Article 95.
The Supreme Court shall be in session temporarily and only when there is a case at the
Ministerial level and after the forum is completed, the Supreme Court session shall be out
of session.
Article 96.
A specific regulation shall be published for conducting cases in the Supreme Court as
well as conducting the internal procedures and principles of the Supreme Court.
Financial Affairs
Article 97.
All governmental taxes shall be charged in accordance with specified regulations.
Article 98.
A governmental budget for expenditure and imported items shall be developed in
accordance with the article 43. This particular budget shall be used for governmental
expenditures and imported items and all expenditures shall be accounted for in
accordance with this budget.
Article 99.
After implementation and execution of the annual budget, a final calculation shall take
place for the exact amount of imported items and annual expenditures.
Article 100.
A specific regulation shall be used for better management, spending and implementation
of budgets.
Article 101.
Any kind of financial discount and exemption shall take place in accordance with specific
regulations.
Governing the Provinces
Article 102.
There shall be three main principles for governing the provinces; Developing subordinate
relationships, Division of work and Assigning Responsibilities. All responsibilities for
provincial employees shall be assigned in accordance with the above mentioned
principles and also all subordinates shall be held accountable for their superiors.
Article 103.
All provinces shall have separate departments which shall represent different Ministries
and all the provincial Afghan citizens shall refer to those departments whenever they
have a problem to solve.
Article 104.
Whenever there is an insurgency or revolution against the government of Afghanistan,
the Afghanistan government is authorized to react against those insurgencies and
revolutions and maintain the peace.
Article 105.
A provincial municipality’s departmental structure, as well as its responsibilities, shall be
developed in accordance with specified regulations.
Soldier
Article 106.
Recruiting soldiers shall take place in accordance with the special principles and also all
military rights and promotions will be in accordance with specific principles.
Article 107.
Rights and ranks of the soldiers shall be never taken away unless there is a reasonable
fact or reason to do so.
Article 108.
Foreign citizens shall not be accepted as soldiers in Afghanistan except medical officers
and operations advisors/mentors.
Miscellaneous Principles
Article 109.
Postal and document security is a responsibility of the Post Office and until there is not a
court order for searching the documents and posted materials, no one can open them and
they shall be delivered to the receiver securely.
Article 110.
Whenever, there is a verbal order given by his majesty the King or the Prime Minister to
a Minister or any other state employee, the signature of his majesty the King or Prime
Minister shall be taken as a written order.
Implementation and execution of this Main Principle is ordered.
Written in Dalwa 1331/January 1952